Abstract

http://ssrn.com/abstract=1781362
 
 

Footnotes (105)



 


 



Symposium – Eminent Domain: In the Aftermath of Kelo v. New London, a Resurrection in Norwood: One Public Interest Attorney's View


Patricia Hureston Lee


Saint Louis University School of Law; West Virginia University College of Law

2006

Western New England Law Review, Vol. 29, Issue 1, pp. 121-140, 2006

Abstract:     
Three months before residents of New London, Connecticut, went to court in Kelo v. City of New London, I recall reading a side note about a family distraught in a different town. The family-friendly restaurant named Orlissie's, located in Oak Park, Illinois, had succumbed to the threat of eminent domain. The unfortunate news of a restaurant closing was more common, partly because of the continued and disturbing increase in the number of eminent-domain acquisitions occurring across the country.

As a public-interest attorney employed by one of the leading defenders of entrepreneurs, small businesses, and homeowners, and as former corporate counsel to a multinational corporation, I knew that this would not be the last time a business or homeowner would lose his or her property because of eminent domain. At the same time, I believed that this was yet another horrific example of a business owner losing the battle over developing property to run a business, in the manner and in the location he or she chose.

Property owners, in dilemmas similar to that of the Oak Park business owner, are not typically in a position to successfully defend the taking of their private property. The cause is as much a function of the property owner's financial and political wherewithal to challenge even the threat of eminent domain, as it is the contemporary presumption that eminent domain is, overall, beneficial.

Number of Pages in PDF File: 21

Keywords: Property, Eminent Domain, Business & Corporate Law, Civil Rights Law

Accepted Paper Series





Download This Paper

Date posted: March 9, 2011 ; Last revised: April 24, 2012

Suggested Citation

Lee, Patricia Hureston, Symposium – Eminent Domain: In the Aftermath of Kelo v. New London, a Resurrection in Norwood: One Public Interest Attorney's View (2006). Western New England Law Review, Vol. 29, Issue 1, pp. 121-140, 2006. Available at SSRN: http://ssrn.com/abstract=1781362

Contact Information

Patricia Hureston Lee (Contact Author)
Saint Louis University School of Law ( email )
100 N. Tucker Blvd.
Suite 704
Saint Louis, MO 63101-1930
United States

West Virginia University College of Law ( email )
Morgantown, WV
United States
Feedback to SSRN


Paper statistics
Abstract Views: 384
Downloads: 45
Footnotes:  105

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.281 seconds